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Can my boss gives me a bad performance review due to pregnancy leave? California

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  • Can my boss gives me a bad performance review due to pregnancy leave? California

    Can my boss mark me off on my performance review because I am off on maternity leave in California? The review period was from June, 08 to June 09, I am off for Maternity leave since mid-May, 09. I was given a less satisfactory performance review because my boss said "I took time off on maternity leave". Is this legal in California? If it's not legal, what should I do?

  • #2
    It's not legal anywhere, assuming that the employer is big enough to be subject to discrimination laws.

    How many employees does the employer have?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      It's a public trading company with employees more than 120 worldwide.

      Comment


      • #4
        Completely illegal. What are the consequences for the negative performance review? You could file a complaint with the DFEH but your only remedy is likely to have the review removed from your file. Try talking to your boss about it, in writing, and let him know that you believe it is discrimination and would like the review removed. If he then takes further adverse action, you have a retaliation claim.

        Comment


        • #5
          Actually, I'd suggest the poster head straight for HR and advise them of what the boss said and why he gave her a poor review. The boss is clearly such an ignoramous that she's not going to get anywhere with him.

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          • #6
            A little known fact is that the Dinosaurs did not actually become extinct. They instead adapted. They learned to wear suits and ties, use Power Point, and have all become senior management at various companies.

            In fairness, pregnancy is a difficult concept when you are used to laying eggs and walking away.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment


            • #7
              I wonder if the boss is a female or a male.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #8
                True. He'd have to be an ignoramous to do something so blatantly stupid. Either way I think the OP should make it clear in writing that she believes the action is discriminatory and wants the review removed/redone.

                Comment


                • #9
                  Originally posted by Betty3 View Post
                  I wonder if the boss is a female or a male.
                  I assumed he was male because it's difficult for me to grasp how women could discriminate against pregnancy. But maybe I shouldn't make such an assumption.

                  Comment


                  • #10
                    Thank you all for your advices ~ I really appreciated your help.
                    My boss is a Japanese male. And this is what he wrote to me (in email) - " I think it is not fair to give 5 for person who is taking off, even though
                    it is not your own fault."

                    Do you know where in Labor Law that discuss about the pregnancy discrimination specifically in performance review? I would like to bring this up to my HR, but I would like to have a solid statement from the government to back me up.

                    Comment


                    • #11
                      There are no laws that directly address performance appraisals. But there are laws that directly address pregnancy discrimination at both the state and the Federal level. If you're looking for a law that says, "You can't take points off an employee's performance appraisal because she took maternity leave" there is no such law. But there are laws that say you cannot treat an employee differently or adversely because of pregnancy or maternity leave.

                      Here's a place to start at the Federal level. I'm sure Endeavor will be able to point you in the direction of state laws; she knows the CA links better than I do.

                      http://www.eeoc.gov/types/pregnancy.html
                      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                      Comment


                      • #12
                        Originally posted by eymi64 View Post
                        Thank you all for your advices ~ I really appreciated your help.
                        My boss is a Japanese male. And this is what he wrote to me (in email) - " I think it is not fair to give 5 for person who is taking off, even though
                        it is not your own fault."

                        Do you know where in Labor Law that discuss about the pregnancy discrimination specifically in performance review? I would like to bring this up to my HR, but I would like to have a solid statement from the government to back me up.
                        There is nothing that specifically addresses performance reviews but government code s 12940 says that an employer cannot discriminate in terms, conditions, or privileges based on sex (which includes pregnancy). A performance review most certainly fits within this.

                        Comment


                        • #13
                          I want to amend my previous answer. The regulations for pregnancy discrimination provide that it is unlawful for an employer to punish an employee for taking pregnancy leave. California code of Regulations Title 2 section 7291.14. It is the retaliation provision.

                          Comment


                          • #14
                            Which is, if not stronger than the Federal law, at least more direct, so eymi64, when you talk to your manager or HR or whoever you talk to, be sure you reference BOTH state and Federal law.
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                            Comment


                            • #15
                              Your superior can not give you a low performance review because you are on maternity leave. You can speak with HR but you can have that removed from your file. That poor review can cause you problems in the future if it is not dealt with right now.

                              Comment

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